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Can I Get Divorced If Separated Less Than One Year?


Under the Divorce Act, a divorce can only be granted based on one of the following grounds:

1. you and your spouse have been separated for more than one year;
2. you or your spouse committed adultery;
3. you or your spouse committed physical or mental cruelty.

The majority of divorces in BC are granted on the basis that you and your spouse have been separated for more than one year (the “date of separation”).

Generally, the date of separation is the date you and your spouse decided to end the relationship. Sometimes this date is not agreed to, and this may have consequences on such things as child support, spousal support, and property division. Please be aware that it may be possible to be separated while living in the same residence, provided that the martial aspects of the relationship have ended.

Although it is possible to get divorced faster based on either adultery or physical or mental cruelty, you must be able to prove the adultery or cruelty. Depending on your case, it may save you money and stress if you instead wait for the one year separation period to expire.

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